IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3814 of 2008()
1. JOSEPH A.S, S/O.A.O.SANI, (LATE),
... Petitioner
Vs
1. UNION OF INDIA, REPRESENTED BY THE
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :15/10/2008
O R D E R
R.BASANT, J.
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Crl.M.C.No.3814 of 2008
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Dated this the 15th day of October 2008
O R D E R
The petitioner, who faces indictment in a prosecution for
offences punishable inter alia under the Maternity Benefit Act
and Rules; cognizance against whom was taken as early as in
2004 as is revealed from the number assigned to the case
S.T.No.2117/2004; who had once entered appearance and was
enlarged on bail; who has subsequently not been able to appear
before the court from 28/7/2007; against whom coercive
processes have been issued by the learned Magistrate to procure
his presence and who apprehends imminent arrest has come to
this court with the prayer that directions under Section 482
Cr.P.C may be issued to the learned Magistrate to comply with
the directions in Alice George vs.Deputy Superintendent of
Police [2003(1)KLT 339] and to consider his application for
bail to be filed by him when he surrenders before the learned
Magistrate on merits, in accordance with law and expeditiously –
on the date of surrender itself.
Crl.M.C.No.3814/08 2
2. Sufficient general directions have already been
issued in Alice George (Supra). It is not necessary for this
court in every subsequent case to issue directions to the
Magistracy to follow the dictum in Alice George (Supra). Every
court is bound to do the same. I have no reason to assume that
the same shall not be done. If the directions are not complied
with the avenues of challenge/complaint are available for the
petitioner.
3. In the result, this petition is dismissed subject to the
above specific observations.
Hand over copy of this order to the learned counsel for the
petitioner for production before the learned Magistrate.
(R.BASANT, JUDGE)
jsr
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Crl.M.C.No.3814/08 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008